MADHU MEHRA Vs. KAMAL KISHORE

JUDGEMENT

(1.) By this judgment it is proposed to decide two appeals , being FAO No. 523/2001 entitled "Madhu Mehra and Ors. Versus Kamal Kishore Jai Chand and Ors." and FAO No. 269/2002 entitled "Kamal Kishore Jai Chand versus Madhu Mehra and Ors.", as common questions of law and fact are involved. The first of these two appeals has been filed by the claimants seeking enhancement of the amount of compensation awarded by the Claims Tribunal by its judgment dated 08.08.2001, while the second appeal has been filed by the owner of the offending vehicle praying for the setting aside of the aforesaid judgment on the ground that he had sold the offending vehicle to one Jeet Singh prior to the date of the accident and accordingly he is not liable to pay the award amount to the claimants.

(2.) The facts may be briefly recapitulated as follows.

(3.) On 01.12.1983, one Kamal Mehra, aged about 37 years, died in a motor vehicular accident caused by the driver of Bus No.DEP-2767 under the operation of the Delhi Transport Corporation. The deceased Kamal Mehra at the time of the accident was driving a twowheeler scooter. The accident took place at the INA Flyover when he was hit by the bus in question from behind and killed at the spot. The legal representatives of the deceased, being his widow, his son and his mother, filed a claim petition under Section 92A and Section 110A of the Motor Vehicles Act, 1939 claiming compensation for his untimely demise in the aforesaid accident and impleading the respondent No.1 Shri Kamal Kishore Jai Chand the alleged owner of the offending bus, the respondent No.2 Daya Chand the driver of the bus, the respondent No.3 the insurer of the bus and the respondent No.4 the Delhi Transport Corporation as party respondents to the claim petition.